"A defense expert hired by San Diego County to evaluate the incident also concluded that if National City Detective Rowdy Pauu, who was struck in the leg by the deputies' gunfire, was standing at the time of the shooting, as he has said he was, rather than crouching, then at least one of the deputies would have had direct line of sight to at least Mr. Pauu's head when that deputy and his partner squeezed off 17 shots at the suspect."
"Those new revelations were part of a recent court filing by Pauu's attorneys in his lawsuit against the county and the two deputies, David Lovejoy and Jonathon Young. The theft suspect who was shot that night, Erik Talavera, has also sued. Both cases are pending. Attorneys for the county and the deputies have asked a judge to dismiss Pauu's case."
"On Thursday, U.S. District Judge Todd Robinson held a hearing to determine whether to grant that dismissal, known as a motion for summary judgment. The judge did not make a ruling Thursday, stating that he will issue a written order in the future. Attorneys for the county and the deputies argued that Pauu, who has since been promoted to corporal, cannot prove the two deputies violated his 14th Amendment substantive due process rights."
Two San Diego sheriff's deputies opened fire on a vehicle-theft suspect in 2022, discharging 17 rounds and inadvertently striking National City Detective Rowdy Pauu in the leg. The deputies testified they saw two other law enforcement officers downrange behind their target before firing. A defense expert retained by the county concluded that if Pauu was standing, rather than crouching as he says, at least one deputy would have had a direct line of sight to Pauu's head when the deputies fired. Pauu and the suspect Erik Talavera have filed separate lawsuits; a judge heard a summary judgment motion and has not yet ruled.
Read at www.sandiegouniontribune.com
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